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ANNOUNCEMENT

Dear valued clients and partners,

In light of the recent Full Lockdown Movement Control Order 3.0, our CLJ offices will be temporarily closed from 1 June 2021 until further notice.

Rest assured, our team will be working remotely to continue to serve and bring you the latest in law through our digital platforms. Should you require any assistance, please feel free to contact us via the channels detailed below.

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In the meantime, stay healthy and safe as we work together towards flattening the Covid-19 curve.

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The CLJLAW Team

  • CASE(S) HIGHLIGHT

  • ZAIDI KANAPIAH v. ASP KHAIRUL FAIROZ RODZUAN & ORS AND OTHER APPEALS
    FEDERAL COURT, PUTRAJAYA
    TENGKU MAIMUN TUAN MAT CJ; VERNON ONG LAM KIAT FCJ; ZALEHA YUSOF FCJ; HASNAH MOHAMMED HASHIM FCJ; RHODZARIAH BUJANG FCJ
    [CRIMINAL APPEAL NOS: 05(HC)-153-11-2020(W), 05(HC)-155-11-2020(W) & 05(HC)-156-11-2020(W)]
    27 APRIL 2021

    The Prevention of Crime Act 1953 (POCA) and its s. 4 was legitimately birthed and is not unconstitutional as it is within the province of the Legislature in accordance with the powers granted under art. 149 of the Federal Constitution (FC) to enact the Act and the section to address the mischief of national security. This said, any challenge to the constitutionality of s. 4 , and any challenge to the legality of a remand order issued under s. 4(1)(a) thereof by the Magistrate on the grounds that s. 4 is inconsistent with art. 121 of the FC must be based on the existing art. 121, and not on its pre-amendment (Act A704) provision. To interpret a law based on a provision that no longer reflects the position of the existing law is misconceived and defies the canons of construction and legal logic. Similarly, the argument that s. 4 is unconstitutional because it draws away the Magistrate's discretion and compels him to act upon the dictate of the Executive, and therefore violates the concept of separation of power which forms the basic structure of the Constitution, is also misconceived. The basic structure doctrine has no place in Malaysia, and in any case, in view of art. 149 of the FC, the constitutionality of s. 4 must be tested against the provisions of the FC itself and no other.

    Read more




  • ARTICLE HIGHLIGHT

    U.S. tire maker Goodyear loses dispute against foreign workers in Malaysia

    Employment
    Goodyear ordered to settle wages owed to migrant workers
    Malaysia’s Industrial Court has ruled in favor of dozens of migrant workers in a labor dispute against American tire manufacturer Goodyear Tire & Rubber Co (GT.O), court documents showed on Thursday, amid accusations of unpaid wages and employee mistreatment at the firm’s Malaysian factory. A total of 184 migrant workers had filed five complaints against Goodyear Malaysia in 2019 and 2020 over non-compliance with a collective labor agreement, and are claiming about 5 million ringgit ($1.21 million) in unpaid wages. read more

    Read more




  • Man spotted in pub during sick leave was unfairly dismissed

    UK
    Employment
    Driver was illegally terminated
    A man dismissed from his job after being spotted drinking and smoking in a social club while on sick leave was unfairly dismissed, an employment tribunal has found. Colin Kane, 66, worked as a driver for a surfacing company, Debmat, in Ryton, Newcastle upon Tyne. The company employs about 150 people and does not have a dedicated HR department. Kane had suffered from chronic obstructive pulmonary disease (COPD) for several years and had periods of absence due to ill-health.

    Read more




  • CJI Ramana launches new SC mobile app; ‘Indicative Notes’ on landmark judgements on its website

    India
    Chief Justice of India (CJI) NV Ramana Wednesday launched a special facility for granting media access to the Supreme Court’s new mobile application even as he announced that the apex court’s website would have a new feature, called “Indicative Notes” that would aim to provide concise summaries of landmark judgments in an easy-to-understand format. This will, he said, serve as a useful resource for media persons and the general public who wish to be better informed about the rulings of the court.

    Read more




  • Workers' watchdog could ban sweat-shop clothes

    UK
    Employment
    New workers' watchdog will provide guidance to businesses on best practice
    The new body will be responsible for tackling modern slavery, enforcing the minimum wage and protecting agency workers. Currently these tasks are spread across three different bodies. It said it was looking at extra curbs targeting the garment sector including banning sales if brands' behaviour does not improve. The government is looking at these specific measures after reports of serious problems in the industry, the Department for Business, Energy and Industrial Strategy said.

    Read more




  • In a landmark judgment, the Federal Court found the environment minister has a duty of care to young people

    Australia
    This morning, the Australian Federal Court delivered a landmark judgement on climate change, marking an important moment in our history. The class action case was brought on behalf of all Australian children and teenagers, against Environment Minister Sussan Ley. Their aim was to prevent Ley from possibly approving the Whitehaven coal mine extension project, near Gunnedah in New South Wales. They argued that approving this project would endanger their future because of climate hazards, including causing them injury, ill health or death, and economic losses. The court dismissed the application to stop the minister from approving the extension. But that’s just the beginning.

    Read more Judgment




LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (08 June 2021)
  • PU(A) 479/1998
    Perintah Fi (Pas Penggajian, Pas Lawatan (Kerja Sementara) Dan Pas Kerja) 1998
    PU(A) 479/1998
    Fees (Employment Pass, Visit Pass (Temporary Employment) and Work Pass) Order 1998
  • Latest Revoked (02 June 2021)
  • PU(B) 402/2016
    Appointment of Registrar



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